Private Federal Antitrust Actions PDF Download
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Author | : C. Douglas Floyd |
Publisher | : Aspen Publishers |
Total Pages | : 1352 |
Release | : 1996 |
Genre | : Actions and defenses |
ISBN | : |
Download Private Antitrust Actions Book in PDF, ePub and Kindle
Here For The first time is a comprehensive one-volume analysis that helps you to evaluate and successfully bring or defend a private antitrust suit. With Private Antitrust Actions you'll know exactly what it takes to determine if a party has standing to bring a civil antitrust suit, take advantage of (or overcome) available exemptions and immunities, and counsel any business on effective antitrust strategy. With detailed information on how the amount of the award is calculated, you'll be able to evaluate each case for potential recovery (or costs) and attorney's fees. And you'll also see how the federal courts are now interpreting and applying standards governing such matters as: Antitrust injury and standing Federal preemption Insurance exemption for HMOs and managed care plan Labor exemption and professional sports State action immunity Statute of limitations and fraudulent concealment Class certification and settlement Summary judgment and judgment as a matter of law Expert testimony in establishing damages ...plus in-depth exploration of areas where conflicting authority and unresolved questions persist.
Author | : Matthew P. Mitchell |
Publisher | : |
Total Pages | : 168 |
Release | : 1970 |
Genre | : Antitrust law |
ISBN | : |
Download Private Federal Antitrust Actions Book in PDF, ePub and Kindle
Author | : Albert A. Foer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 425 |
Release | : 2012-01-01 |
Genre | : Law |
ISBN | : 0857939602 |
Download Private Enforcement of Antitrust Law in the United States Book in PDF, ePub and Kindle
Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.
Author | : Philip C. Jones |
Publisher | : McGraw-Hill Companies |
Total Pages | : 680 |
Release | : 1984 |
Genre | : Actions and defenses |
ISBN | : |
Download Litigating Private Antitrust Actions Book in PDF, ePub and Kindle
This practical guidebook reviews the relevant antitrust statutes & discusses the underlying antitrust policies of federal law in private antitrust actions. The text discusses price fixing, tying agreements, restraints on product distribution, price discrimination, & many other antitrust issues.
Author | : United States. Congress. Senate. Committee on Small Business |
Publisher | : |
Total Pages | : 222 |
Release | : 1958 |
Genre | : Antitrust law |
ISBN | : |
Download The Role of Private Antitrust Enforcement in Protecting Small Business, 1958 Book in PDF, ePub and Kindle
Includes consideration of legislation to permit private individuals and businesses to obtain damage awards in Federal antitrust actions.
Author | : Damien Gerard |
Publisher | : Cambridge University Press |
Total Pages | : 475 |
Release | : 2019-05-09 |
Genre | : Law |
ISBN | : 1108498086 |
Download Reconciling Efficiency and Equity Book in PDF, ePub and Kindle
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
Author | : Herbert Hovenkamp |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : |
ISBN | : |
Download Quantification of Harm in Private Antitrust Actions in the United States Book in PDF, ePub and Kindle
This paper discusses the theory and experience of United States courts concerning the quantification of harm in antitrust cases. This treatment pertains to both the social cost of antitrust violations, and to the private damage mechanisms that United States antitrust law has developed. It is submitted for the Roundtable on the Quantification of Harm to Competition by National Courts and Competition Agencies, Organization for Economic Cooperation and Development (OECD), Feb., 2011. In a typical year more than 90% of antitrust complaints filed in the United States are by private plaintiffs rather than the federal government. Further, when the individual states in our federal system file their actions under federal antitrust law they are entitled to assert claims for damages as well. The vast majority of private antitrust actions in the United States include a claim for damages, which must be trebled. The damages measure authorized by the Clayton Act is based purely on compensation, and Congress has never seriously considered changing it. As it turns out, compensation for losses is rarely the measure that is also sufficient to produce the optimal level of deterrence of anticompetitive practices. Even in the case of a simple naked cartel producing no efficiency gains whatsoever, the overcharge measure produces optimal deterrence only if we have some way of knowing ex ante what the probability of detection and successful prosecution is. Trebled damages under United States law would be about right if the probability of cartel detection and prosecution were .33. In all probability, however, the detection rate for naked cartels is not higher than .2, making a trebling multiplier too low. In other cases such as mergers and most vertical restraints, the probability of detection is 100% because the act is either public or else known to the plaintiff from its onset. In such cases trebled damages are probably excessive. The indirect purchaser rule in federal antitrust law in the United States awards the entire overcharge to direct purchasers from the violator, and no damages at all to indirect purchasers except in a few atypical situations. In reality, most damages are passed on, and thus direct purchaser intermediaries are typically overcompensated. Further, nearly all of their harm results from lost output rather than the overcharge itself. As a result, in the typical situation the indirect purchaser rule both mismeasures damages and assigns the damages action to the wrong person.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly |
Publisher | : |
Total Pages | : 340 |
Release | : 1967 |
Genre | : Antitrust law |
ISBN | : |
Download Nolo Contendere and Private Antitrust Enforcement Book in PDF, ePub and Kindle
Author | : Continuing Legal Education in Washington |
Publisher | : |
Total Pages | : 250 |
Release | : 1968 |
Genre | : Antitrust law |
ISBN | : |
Download Private Antitrust Actions Book in PDF, ePub and Kindle
Author | : Peter W. Rodino |
Publisher | : |
Total Pages | : 56 |
Release | : 1984 |
Genre | : Antitrust law |
ISBN | : |
Download Study of the Antitrust Treble Damage Remedy Book in PDF, ePub and Kindle